In addition to any other statutorily permitted warrantless arrest,
officers of the Muhlenberg Township Police Department shall, upon
view, have the right to arrest without warrant upon probable cause,
when there is ongoing conduct that imperils the personal security
of any person or endangers public or private property, for the following
offenses:
A. 18 Pa.C.S.A. § 5503,
Disorderly conduct.
B. 18 Pa.C.S.A. § 5505,
Public drunkenness.
C. 18 Pa.C.S.A. § 5507,
Obstructing highways and other public passages.
D. 18 Pa.C.S.A. § 6308,
Purchase, consumption, possession or transportation of liquor or malt
or brewed beverages.
When a defendant has been arrested without a warrant for a summary
offense, police officers shall comply with the requirements of the
applicable Pennsylvania Rules of Criminal Procedure governing the
procedure following arrest without a warrant, which as of the date
of enactment of this chapter provide the following procedure:
A. When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to Subsection
B or taken before the proper issuing authority under Subsection
C.
B. Release of defendant.
(1) When a defendant has been arrested
without a warrant, the arresting officer shall promptly release the
defendant from custody when the following conditions have been met:
(a) The defendant poses no threat
of immediate physical harm to any other person or to himself or herself;
and
(b) The arresting officer has
reasonable grounds to believe that the defendant will appear as required.
(2) A citation shall be issued
to the defendant at the time of release and thereafter the case shall
proceed in accordance with Pennsylvania Rules of Criminal Procedure,
Rules 405-409, as if the proceedings had been instituted by issuing
a citation to the defendant.
C. When the defendant has not been released from custody under Subsection
B:
(1) The defendant shall be taken
without unnecessary delay before the issuing authority when available
pursuant to Pennsylvania Rules of Criminal Procedure, Rule 117, where
a citation shall be filed against the defendant, and:
(a) The defendant shall enter
a plea.
(b) If the defendant pleads
guilty, the issuing authority shall impose sentence. If the defendant
pleads not guilty, the defendant shall be given an immediate trial,
unless:
[1] The commonwealth is not
ready to proceed, or the defendant requests a postponement or is not
capable of proceeding, and in any of these circumstances, the defendant
shall be given the opportunity to deposit collateral for appearance
on the new date and hour fixed for trial; or
[2] The defendant's criminal
record must be ascertained before trial as specifically required by
statute for purposes of grading the offense charged, in which event
the defendant shall be given the opportunity to deposit collateral
for appearance on the new date and hour fixed for trial, which shall
be after the issuing authority's receipt of the required information.
(2) If the defendant is under 18
years of age and cannot be given an immediate trial, the issuing authority
promptly shall notify the defendant and defendant's parents, guardian,
or other custodian of the date set for the summary trial and shall
release the defendant on his or her own recognizance.
In the event that the Commonwealth of Pennsylvania either amends
42 Pa.C.S.A. § 8902 or the Pennsylvania Rules of Criminal
Procedure are amended as the same may relate to either an arrest without
warrant or the procedure to be followed after an arrest without warrant
is made, the police officers of the Township of Muhlenberg shall comply
with the then-existing amended or updated rule or statute.
This article is not intended to modify, restrict or otherwise
prohibit a police officer of the Township of Muhlenberg from making
any other warrantless arrests for summary offenses where such arrests
have been expressly authorized by either statute or Rules of Criminal
Procedure.